A/HRC/6/19
page 90
In some instances, the Government publicly announced its intention to investigate reports
of widespread human rights violations large scale attacks, but it has failed to follow through with
these pledges. In other cases, where investigation committees have been established to address
the incidents in question, their findings have not been made public.
Assessment of Implementation of Recommendation 3.1
According to information received, this recommendation has not been fully implemented.
Limited investigations were conducted into three incidents: attacks in Bulbul area, South Darfur,
attacks on the village of Deribat and eight other villages along the road from Kutur to Deribat in
late December 2006, and into killing of civilians in the area of Buram, South Darfur, in
October 2006. In the Buram case prosecutions were ongoing at the time of the writing of the
present report, but no perpetrators had actually been prosecuted. No information was provided on
the cases of torture brought to the Government’s attention by the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment. No information has been
received on any disciplinary action against police and other officials who failed in their primary
responsibility to protect civilians. No information was provided on compensation and
rehabilitation of victims.
Recommendation 3.2 Short-term
Ensure that there are no laws that provide legal immunities for state agents for human rights
violations; in particular, repeal article 33 National Security Forces Act of 1999 (criminal and
civil immunity), and article 46 of the 1999 Police Forces Act (immunity for police on official
duty).As long as immunity laws are in force, the responsible authorities should issue a blanket
waiver for immunities for war crimes and crimes involving torture, violence against women,
arbitrary detention, enforced and arbitrary disappearances and extrajudicial killings in Darfur
or in relation to the situation in Darfur.
Indicators: Legal immunities for armed state agents abolished. Blanket waiver issued.
Response of the Government of the Sudan on Recommendation 3.2
Written information submitted to the Special Rapporteur during her mission in Sudan from
25 July 2007 to 2 August 2007
The Order of the Director General of the Police No. 57/2007, adopted in pursuance of the
Police Forces Act of 1999, for the purpose of organizing the procedures of granting authorization
to prosecute police personnel, to ensure speedy legal procedures in prosecuting the same, and
to prevent immunities granted to perpetrators among police personnel was adopted on
31 July 2007. The Order organizes the granting authorisations procedures as follows:
With regard to a crime committed by a police member, the Police shall conduct an
investigation parallel to that carried out by the prosecution. Upon submission of the request to
grant authorization to the Ministry of Justice, investigation procedures should be put forward to
the Directorate General of Legal Affairs to ensure availability of initial proof against the police
member. The Directorate General of Legal Affairs shall submit authorization to prosecute the
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